staugustine.com: Legal Notice #22697884

Published Friday, June 24, 2005

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT GIVES WRITTEN NOTICE OF INTENDED DISTRICT DECISION The District gives notice of its intent to issue a permit to the following applicant(s) on June 9, 2005: Sims Trucking Inc., 1960 US Hwy 1 S PMB 504, Saint Augustine, FL 32086, application #98405. The District proposes to allocate 0.235 million gallons per day of surface water for dewatering to facilitate sand mining. The withdrawals used by this proposed project will consist of Surface Water from the Borrow Pit Pond via 1 active pump and 1 proposed pump in St Johns County, located in Section 22, Township 7 South, Range 29 East, known as Sims Pit. The file(s) containing each of the above-listed Formal Wetland Determinations are available for inspection Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 p.m. at the St. Johns River Water Management District Headquarters or the appropriate Service Center. The District will take action on each permit application listed ab ove unless a petition for an administrative proceeding (hearing) is filed pursuant to the provisions of Sections 120.569 and 120.57, Florida Statutes Chapter 28-106 and 40C-1.1007, Florida Administrative Code (F.A.C.) A person whose substantial interests are affected by any of the District's proposed permitting decisions identified above may petition for administrative hearing in accordance with Section 373.427 F.S., and Sections 120.569 and 120.57, F.S., or all parties may reach a written agreement on mediation as an alternative remedy under Section 120.573, F.S. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Section 120.573, F.S., and Rules 28- 106.111 and 28-106. 401-.405. F.A.C. Petitions must comply with the requirements of Florida Administrative Code, Chapter 28-106 and be filed with (received by) the District Clerk, located at District Headquarters, 4049 Rei d Street, Palatka, Florida 32177. Petitions for administrative hearing on the above application(s) must be filed within twenty-one (21) days of publication of this notice or within twenty-six (26) days of the District depositing this notice of intent in the mail for those persons to whom the District mails actual notice. Failure to file a petition within this time period shall constitute a waiver of any right such person may have to request an administrative determination (hearing), under Section 120.569 and 120.57, F.S., concerning the subject permit application. Petitions which are not filed in accordance with the above provisions are subject to dismissal. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice of intent. Persons whose substantial interests will be affected by any such final decision of the District on the applicat ion have the right to become a party to the proceeding, in accordance with the requirements set forth above. Gloria Lewis, Director Division of Permit Data Services St. Johns River Water Management District L1541-5 June 24, 2005